What is violation of a risk protection order in Florida?
Punishments / Penalties for Violation of a Risk Protection
The crime of Violation of a Risk Protection is a Third Degree Felony that is punishable by up to 5 years in prison and a $5,000 fine.
This offense occurs when:
- A temporary or final risk protection order was issued by a court against person.
- The person knew that he or she was prohibited from possessing a firearm, having in his or her custody or control, receiving, or purchasing a firearm or ammunition because of that court order.
- The person violated the court order by knowingly possessing, having in his or her custody or control, receiving, or purchasing a firearm or ammunition.
To prove the person “possessed” a firearm or ammunition, the State must prove beyond a reasonable doubt that he or she knew of the existence of the firearm or ammunition and intentionally exercised control over it.
Control can be exercised over a firearm or ammunition whether it is carried on a person, near a person, or in a completely separate location. Mere proximity to a firearm or ammunition does not establish that the person intentionally exercised control over it in the absence of additional evidence. Control can be established by proof that (defendant) had direct personal power to control the firearm or ammunition or the present ability to direct its control by another.
Defenses to Violation of a Risk Protection Order.
- Did not act knowingly.
- Did not have knowledge of injunction entered.
- Did not have control over firearm.
Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation
If you have been arrested or believe you will soon be arrested for the offense of violation of a risk protection order in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.
Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.